ETCS FOR EANEERS,

PATENTS, COPYRIGHTS
-.

ARTPR....
 What is effectual Property Law
-

A set of related
legal rules that are intended to protect the
products of human
ingenuity -

intangible ideas, words,

images.

What is latent?
A patent is a
type of intellectual property that gives it's owner
-

the right to exclude others

legal invention from making, using or

selling an for limited period of years in

a

exchange for publishing enabling disclosure of the invention.

an

# Intellectual
property creations
(IP) is
category
a
of property that
includes
intangible the of
human intellect.

#Sufficiency of disclosure enablement is patent law requirement

or a

according to which patent application must disclose claimed

a a

invention in sufficient detail for the notional personskilled in

the art to out that claimed invention.
carry

Legal standards: Novelty, Nonobvious, utility, Disclosure.

-
What ismark? NET BENEFITS = GAINS- COSTS

A trademark
-

is a
type of intellectual property GAINS COSTS

consisting of recognizable sign, design, or expression

a more innovations/invention/Deadweight losses
expression goods ② Reut
that identifies products or services from a particular source Seeking
② More Disclosure ③ Restriction of Future
and distinguishes them from others. ③ More
commercialization/ innovations
products ④Administrative Costs

What
is
Copyright
&
More investment in
invention/expression (
creativity
Copyright is legal of protecting an author's
-

a means

work. It is a
type of intellectual property that Stagesof Developement
provides exclusive publication, distribution and usage
Lovel Stage Social Orientation
rights for the Things that can be protected
author.
Obedience and Punishment
include books, poems, plays,
songs, films, Pre- I
Orientation
conventional
artwork etc. Individualism, Instrumentation, Exchange
(4-10yrs) 2
1Instrumental Orientation (Tit for Tat)

boy/girl/Nicegirl,
ER costs
Good
3
Conventional Good Boy Orientation
(10 -

13yrs) haw and Order Orientation/

Authority
4
① Monobo
and social order
on Costs: firms maintaining Social Contract Orientation
Post E
position in market
bynecessarily investing
not conventional
Principled ConscienceUniversal Ethical-
=

(13yrs) S
-

in new invention but maybe

investing in lobbying Principal Orientation

the
government to maintain their monopoly, as

opposed to competing directly. Gilligan'sArgumentAgar Kohlberg's

Reory of oral Development
② Rent sacking: firms spending too much time levels of
-

As per Kohlberg's theory, men reached higher

to
get patent rights instead of doing other things. morality than women, but Gilligan noted that Kohlberg's
theory was
formulated exclusively through research with
white males.
young
③
Restrictiono f Invention:Migones
future to
-

As a result,
towards men
she
and
suggested that Kohlberg's theory is biased
boys and doesn't account for
morality.
women and
girl's perspectives on
make innovations and compete with me in the future.

&
Adnstrative costs:Processing and validati
on
The
#
life of a patent lasts about 20
yrs cision dating
strategic
from application to expiration.

I
Pros Cons

Patent claims ①
Strengthens Competitive
positions
&
High costs

lose the patent

define the exclusive right granted
claims
② Might
-

Only the patent & Force licensing revenue

to the patent applicant; the rest of the patent is there ③ Time-consuming

to
facilitate understanding of claimed invention. ③ Strengthen technological ④
position
Distracting
-

Patent claim is the most important part of the patent

application because it is the claims that define the invention
for which the patent office has

Include
granted protection.
claims with the initial filling to
AcOf tentInfringement
enough cover
-

the invention and important variations. -

Making
claim must
#
begin with a capital letter and and with a -

Using
period. Period may not be used elsewhere.
#Each claim must be
-

selling
only one sentence.
-offering to sell
#Claims should preferably be arranged in order of scope so

Importing
-

that the first claim presented is the broadest.

ANDA
Filling
-

an

Typesof claims
Dineof Equal
tents
① A claim
for "thing" such composition of

Standar
a as a

matter, machine, apparatus device;

or -
It's existence makes analyzing infringement difficult
⑧ A
without
litigation.
claim for a method of making a
"thing"
It compares the equality by the new patents and
-

③ A claim for a method of using a

"thing" the old patents.

DePadent claims Patent Disure Requirement

Itexplains that one or more claims
may presented
be in
Patent Description
&
dependent form, referring back to and
further limiting another
claim or claims in the same applications. sufficient description
- to show the possession of the
invention.

Subject Matter Requirement

&
↑Litigations Man-made versions of nature
-

Abstract inventions that

can be patented.
Ideas, too fundamental
-

is the legal process unfolds when that are

- Patent
litigation well-known activities or mental steps.
someone who
owns patent for particular
the a

invention enforces their right by swing another for

manufacturing selling the invention without
or TypeA
tent
permission. Plant based
① patent
-

very few patents are

litigated, loss than 100
② Utility based patent
litigations occurs
years after the invention.
③ Design Patent
P
out based tent
-
It can be obtained to protect now and distinctive
plants.
-

plant should not be a tuber propagated plant.

plant is not found in uncultivated slate, and
-

an

be
the plant can
asexually produced.

Utility tent
A patent protects the way invention
-

utility an

and for the

functions way
the invention is used.

Is Indian Patent Valid Worldwide

. . . . . .

Designpatent -
No, patent protection is a territorial right
and

therefore, it is effective only within the

-

Design patent is usually the

fundamental design
territory of India. There is no concept of global
or basic structure of a thing. patent.
#

what wontorious? Patent Cooperationreaty

-Non-obvious is a requirement for patent protection -
The patent cooperation treaty makes it easier to file
invention is not obvious applications in multiple countries and regions.
that
literally means
your
Using the treaty, you can apply for protection
in
to someone who is in the same
industry. over 140 countries.

Infringement
Wilful
atrace
-

Willful infringement is when someone copies a claimed

periodof the patent will be rejected, it
the invention
of a person had become available
invention and knew the entire time that the invention
publicly in any way before the application of patent
was patented, thus
committing patent infringement. was filled in the patent office.

In
#
India, Controller General of Patents, Designs,
- On the contrary, in the US there is a
one-year grace
period. It means the inventor of the invention has the
and Trademarks (CGPDTM) is an institution
authority to publish the invention for a period of one
within the department for promotion of Industry year before the filing of the applicant ofpatent.

Typeof Infringement . . .

① DoInfringement: This involves producing,

idea
utilizing, selling, importing
or

a
protected or invention without
obtaining authorization
from the rightful owner.
rect Infringement:
② In
-Cributary:Itiscommitedwhenthesupplycomponents
components will be used to
infringe a patent.
 Induced
Infringement: when aparty with knowledge of the
Hearing on Trademark opposition
patent encourages or
influences someone
⑧ Trademark registration certificate issuance.
else to commit acts of infringement.
strengthof demark
Trademarks -

A strong mark is a mark that is highly distinctive,

thus immediately identifying the owner as the
-
It is a
sign capable of distinguishing the goods or source of the covered products or services.
services of one enterprise. It is protected by IPR. the
-

stronger a mark is, the easier it is for

-

All trademarks are brands, while not all brands the mark to be
eligible for registration.
are trademarks.

Isymbol:that atrademarkapplicationindemark Typeof remarks

Mark: It represent the everyday
warning for infringers & Generic
and serves as a

counter-fitters. description of product or its seller.

a

·Asymbol:It is used
for applications of ② SuggsMark:
product
It
suggests the nature of a

trademarks filled under class 33-43 or service or one of its

attributes without actually describing it.

·Asymbol: Once, the trademark is

registered Bescript Mark: It is a word that
merely describes
the applicant can use the R-symbol. a
product
&
·

ESymbol:It stands for copyrights. Arbitrary Mark: It is

that have
composed of a word or words

common
meaning, however
the is unrelated to the goods
#trademark registration after 10yrs but it meaning
or
expires
SOrviCES
can be renewed
after again for 10yrs, infinitely.
8 Fanciful
ark: A fanciful or coined mark is at the
because it is
strongest end of the spectrum
HtoRigid
trademark inherently distinctive.
⑥ SoMark: It
designates protection for non-

① trademark
Choosing a
product items like services

②
Mark Search
⑧
Certificon
③ filling application Mark:It isused by an authorisedon the

&
Fee: 9000 (online)
large Companies
10000 (offline
3 ⑦
Cective ark: special marks owned by organizations.

⑧ Trade Dess: design

4300 (online) or
packaging of product that
3 small
a

Companies,
50001 Offline) makes the source or origin of the product
startups, Individuals.
immediately recognizable.
Registration
Online mark ④ Frade Name: identifiesand distinguishes
a
complete
①
Surf internet for brand name that is "walky enough".
a
ouseark: It is a word used together with a

② Prepare trademark application

a lime of products.
③
Fill application of brand name registration. ① Family of oks: a
group of trademarks or services
④ Examining the process of brand name applications marks with some unique a common
③ of your brand in Indian Trade Mark
Publishing elements such as initials or a
suffix.
Journals.
⑫ Sound melody
that hasprovenrecognito
Mark: an
unique
⑥ Trademark opposition
 Basic
Mark:
⑬ ohibited upholds absolute grounds
StructureofCopyrightto
USPTO on

banning some words terms.

0 Reproduction rights
② Adaptation rights
③ Public distribution right
④ Public performance right
③ Public display right
⑧ Digital audio transmission right

wasCopyright? a

-
It is the rights of reproduction, communication the
the public, adaptation and translation of the
work.

UCopyright
work on 2
wou
① For the purpose of research or
private study.
for
& criticism or review.

for
& reporting current events.

& in connection with judicial proceeding.

③
performance by an amateur club society if
or the
to
performance is
given non-paying
a audience.

⑥ the
making of sound
recordings of literary, dramatic
or musical works.

Originality?
wis
-

only original expression is eligible for copyright

protection.
-

expression needs to satisfy the originality requirement.